Federal Explosives Statutes18 U.S.C. §§
The Federal explosives statutes in Chapter 40 of Title 18 establish
both regulatory controls and criminal sanctions. The regulatory provisions
establish Federal controls over interstate or foreign commerce in
The regulatory provisions were designed to assist the states to more
regulate the manufacture, sale, transfer and storage of explosives within
borders. See H.R. Rep. No. 91-1549, 91st Cong., 2d Sess.,
in 1970 U.S. Code Cong. & Adm. News 4007, 4013. The statutory scheme
requires keeping certain records in connection with transactions in
see 18 U.S.C. § 842(f), and prohibits the making of false
or false entries in connection with a transaction involving explosives, or
failing to report theft of explosives, see 18 U.S.C. §§
842(g), 842(k). Licensing authority is vested in the Secretary of the
and the responsibility for the enforcement of the regulatory provisions is
Bureau of Alcohol, Tobacco and Firearms (ATF). See 18 U.S.C. §
The criminal violations in Chapter 40 of Title 18, found in §
but mostly concentrated in § 844, were intended to supplement State
prosecutions for "bombing outrages" committed during the late 1960s.
H.R. Rep. No. 91-1549, 91st Cong., 2d Sess., reprinted in 1970 U.S.
Cong. & Adm. News 4007, 4014; see also, Bingham, Ltd. v. United
States, 724 F.2d 921, 923 (11th Cir. 1984). The Federal criminal
for explosives offenses were substantially strengthened by the Antiterrorism
Effective Death Penalty Act of 1996, Pub. L. 104-132, Title VII, 110 Stat.
1291-1304 (1996) (hereinafter "Antiterrorism Act of 1996"), in response to
Murrah Federal Building bombing in Oklahoma City on April 19, 1995.
[cited in USAM 9-63.900]